IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


I.I 


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*.^      112 


1140 


Z2 

12.0 

1.8 


1.25 



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Photograpliic 

Sciences 

Corpordtion 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microroproductions  Institut  Canadian  de  microreproductlons  historiques 

1980 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 

The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  wiiich  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 

L'institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  6td  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  mdthode  normale  de  filmage 

sont 

indiqu6s  ci-dessous. 

Coloured  covers/ 
Couverture  de  couleur 

— 

Coloured  pages/ 
Pages  de  couleur 

Covers  damaged/ 
Couverture  endommagde 

Pages  damaged/ 
Pages  endommagdes 

Covers  lestored  and/or  laminated/ 
Couverture  restaurde  et/ou  pellicul6e 

/ 

Pages  restored  and/or  laminated/ 
Pages  restaur^es  et/ou  pellicul^es 

Cover  title  missing/ 

Le  titre  de  couverture  manque 

Pages  discoloured,  stained  or  foxed/ 
Pages  d6color6es,  tachetdes  ou  piqudes 

Coloured  maps/ 

Cartes  g^ographiques  en  couleur 

Pages  detached/ 
Pages  d^tacK^es 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
1    Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

Showthrough/ 
Transparence 

D 
D 
D 


D 


D 


y 


Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
Rel;§  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  reliure  serr^e  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intdrieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajoutdes 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
pas  6t6  filmdes. 

Additional  comments:/ 
Cofiimentaires  supplimentaires; 


D 


Quality  of  print  varies/ 
Quality  m6gale  de  I'impression' 


□    Includes  supplementary  material/ 
Comprend  du  materiel  supplementaire 

□    Only  edition  available/ 
Seule  Edition  disponible 


□ 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6t6  filmies  d  nouveau  de  fapon  d 
obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmd  au  taux  de  reduction  indiqu4  ci-dessous. 

10X  14X  18X  22X 


26X 


30X 





12X 


16X 


20X 


24X 


28X 


32X 


1 
s 


^ 

d 
e 
b 
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r« 
nr 


lire 

details 
jes  du 
modifier 
)er  une 
filmage 


§es 


The  copy  filmed  here  has  been  reproduced  thanl<s 
to  the  generosity  of: 

Library  of  the  Public 
Archives  of  Canada 

The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Oriqinal  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — ♦-  (meaning  "COIM- 
TINUED"),  or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


L'exemplaire  film*  fut  reproduit  grSce  d  la 
g6n6rosit6  de: 

La  bibliothdque  des  Archives 
publiques  du  Canada 

Les  images  suivantes  ont  6td  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettetd  de  I'exempfaire  film6.  et  en 
conformitd  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprim^e  sont  film6s  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dornidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
origiriaux  sont  film6s  en  commenpant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — ►  signifie  "A  SUIVRE",  le 
symbole  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
film<V8  d  des  taux  de  reduction  diffdrents. 
Lorsque  le  document  est  trop  grand  pour  Stre 
reproduit  en  un  seul  clich6,  ii  est  film6  d  partir 
de  I'angle  supdrieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  n^cessaire.  Les  diagrammes  suivants 
illustrent  la  m^thode. 


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GOVERNMENT 


IN 


CANADA  AND  THE  UNITED  STATES 


COMPARED. 


BY 


G^EORGE    F.     HOAR 


From  Prockrdings  of  thk  American  Autiquahian  Society,  at  tiik 
Semi-Annual  Meeting,  April  29,  1891. 


Wotrcister,  mm.,  n.  ^,  ^, 

PRESS    OF     CHARLES    HAMILTON, 

811    MAIN    STREET. 

1801. 


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GOVERNMENT  IN  CANADA  AND  THE  UNITED  STATES 

COMPARED. 


The  history  of  the  relation  between  Canada  and  the 
United  States,  from  a  time  preceding  the  War  of  Independ- 
ence until  to-day,  affords  a  remarkable  instance  how  little 
the  relations  of  communities  with  each  other  are  determined 
by  their  interests  or  by  mere  reason.  The  desire  of  our 
statesmen  at  the  time  of  the  Revolution  that  Canada  should 
join  with  us  in  throwing  off  the  yoke  of  Great  Britain,  and 
that  she  should  become  a  part  of  our  confederacy,  is  well 
known.  Undoubtedly  a  like  desire  has  possessed  the  great 
body  of  the  American  people  ever  since.  It  would  have 
seemed  that  everything  in  the  condition  and  interest  of 
Canada  would  have  promoted  the  accomplishment  of  this 
desire.  Along  her  whole  border,  now  extending  for  more 
than  4,000  miles,  the  physical  conditions  are  such  as 
tend  to  union  rather  than  to  separation.  Nature  seems  to 
have  designed  her  several  provinces  for  union  with  the 
United  States,  if  not  for  separation  from  each  other. 
Canada  had  been  brought  under  the  authority  of  England 
but  twelve  years  before  our  Revolution,  by  conquest.  Her 
people  were  descended  from  England's  hereditary  rival  and 
foe.  Language,  interest,  religion,  history,  tradition,  the 
memories  of  wars  going  back  to  the  earliest  days  of  the 
civilization  of  the  two  countries,  would  seem  to  have  made 
it  impossible  that  the  French  Catholics  of  England's  North 
American  provinces  would  ever  abide  content  under  the 
British  yoke.  Yet  England  never  had  a  colony  so  obedient 
and  so  tranquil. 


The  question  of  our  relations  with  Canada  is  now  pressing 
upon  the  American  people  as  never  before.     Every  Cana- 
dian engaged  in  productive  or  profitable  industry,  whether 
a  tanner,  miner,  manufacturer,  lumberman,  or  fisherman 
is  either  a  customer,  a  source  of  supply,  or  a  competitor  of 
some  American.      The  Canadian  lines  of  railroads,  which 
now  cross  the  continent,  which  have  been  constructed  at  a 
cost  of  more  than  £120,000,000  sterling,  originally  intended 
to   be  competitors  with   the  railroads  of  America  as  well 
as  military  roads,   have   become  largely  tributary  to  the 
United  States,  are  building  up  American  cities  at  the  ex- 
pense of  those  of  Canada,  and  enable  New  England  and  the 
Northwest  to  hold  their  own  in  the  rivalry  between  them 
and  the  communities  of  the  Middle  States  and  the  South 
Out  of  the  present  condition  of  things  there  has  come  such 
large  advantage  to  us  that  the  stream  of  emigration  from 
Canada  to  the  United  States  is  probably  at  this  time  lar<rer 
than  from  any  other  country  in  the  world  in  proportion'' to 
the  capacity  of  the  fountain.     More  than  one  million  Cana- 
dians are  now  upon  American  soil.     They  are  amoncr  the* 
most  energetic  and  valuable  of  that  people.     There  are 
regions  in  Canada  which  have  been  abandoned  by  all  their 
young  men,  who  have  sought  occupation  here.     I  was  told 
of  a  single  township  where,  on  a  voting-list  made  up  two 
years  ago,  there  were  two  hundred  and  eighty-six  names 
sixty-six  of  whom  within  that  time  have  come  to  this  coun- 
try.      The  historical  scholars  of  the  United  States  may 
therefore,  well  deem   it  as  much  within  their  province  to 
make  their  countrymen  tamiliar  with  the  history,  traditions 
and  institutions  of  Canada,  as  if  it  were  already  embraced 
within  the  Union  itself. 

It  is  the  purpose  of  this  essay  to  give  a  brief  outline  of 
the  Constitution  of  Canada,  to  show  what  portion  of  it  has 
been  derived  from  the  United  States,  and  what  portion  of  it 
18  of  Briti.-h  origin.  This  will  be  done  without  an  attempt 
to  bring  to  light  any  historical  fact  not  generally  known,  or 


to  add  anything  new  to  information  now  readily  accessible, 
but  only  in  the  hope  that  it  will  tend  to  stimulate  the  inter- 
est which  American  scholars  already  feel  in  the  engaging 
subject  of  Canadian  history  and  institutions,  around  which 
the  genius  of  Parkman  has  already  thrown  so  resplendent 
a  light. 

The  tefm  Canada  throughout  this  essay  will  be  applied  to 
all  the  territory  of  North  America  lying  north  of  the  United 
States  (of  course  not  reckoning  Alaska),  together  with  the 
adjacent  islands  which  are  subject  to  Great  Britsiin,  although 
Nevvfoundlantl  and  Labrador  are  not  included  in  the  politi- 
cal organization  known  as  the  Dominion  of  Canada. 

This  domain,  as  L  s  been  said,  borders  upon  our  own  for 
more  than  4,000  miles.  It  contains  3,610,000  square  miles, 
or,  excluding  water  surface,  3,470,257  square  miles.  It  is 
connected  politically  with  the  power  which  is  our  principal 
manufacturing  and  commercial  rival  in  peace,  and  which 
would  be  most  formidable  to  us  as  an  antagonist  in  war. 
Its  institutions  are  largely  model<!d  upon  our  own,  and, 
where  they  tlifter  from  our  own,  afford  a  Held  of  interesting 
and  profitable  study.  The  two  countries  have  in  *eneral 
the  same  language,  similar  laws  and  a  common  literature. 

Canada,  though  in  theory  and  in  fact,  dependent  on  the 
Parliament  of  Great  Britain  for  her  constitutional  and  legal 
rights,  is,  in  a  large  degree,  a  self-governing  people.  ITcr 
system  of  government  is  copied,  in  many  of  its  features, 
from  that  of  tlio  United  States.  In  others,  she  follows  the 
methods  of  Great  Britain.  Since  the  conquest  of  Canada 
from  the  French,  which  was  followed  by  the  Convention 
signed  September  8,  I7()0,  her  dependence  on  Great  Britain 
has  been  unquestioned.  Various  powers  and  {)rivi leges  of 
sclf-ffovernment  have  been  conferred  on  her  from  time  to 
time.  But  those  came  from  the  bounty  and  grace  of  the 
power  to  which  she  was  subject,  and  were  not  asserted  as 
birthrights,  as  was  the  case  with  the  United  States. 

The  Act  of  Parliament  of  March  29,  1867,  known  and 


6 


cited  as  the  British  North  America  Act,  united  the  Prov- 
inces of  Canada,  Nova  Scotia  and  New  Brunswick  under 
the  name  of  the  Dominion  of  Canada,  provided  constitutions 
of  government  for  the  Dominion  and  the  several  Provinces, 
and  prescribed  the  conditions  under  which  Newfoundland, 
Prince  Edward  Island,  British  Columbia,  Rupert's  Land 
and  the  Northwest  Territory  might  thereafter  be  admitted 
to  the  confederacy  or  union  so  created. 

Since  1867,  all  the  British  possessions  on  the  continent 
of  North  America  to  the  north  of  the  United  States,  and  all 
the  islands  adjacent  to  such  possessions,  except  Newfound- 
land and  Labrador,  have  been  included  within  the  Dominion 
of  Canada. 

The  Constitution  of  the  Dominion  has  taken  from  the 
United  States  her  modification  of  the  federative  principle 
Like  the  United  States,  Canada  has  local  government  in 
the  different  provinces,  and  a  general  federal  government 
with  authority  over  the  entire  Dominion,  whose  jurisdiction 
depends  upon  the  subject-matter,  and  not  upon  local  bound- 
aries, and  whose  legislative,  executive  and  judicial  powers 
operatie  directly  upon  the  citizen.  As  in  the  United  States, 
the  central  and  the  local  powers  are  kept  each  within  its 
own  domain  by  the  authox-ity  of  a  supreme  judiciary. 

While  many  things  which  we  think  essential  to  self-gov- 
ernment and  to  the  due  security  of  personal  and  individual 
rights  are  not  enjoyed  by  the  people  of  Canada,  in  one  most 
important  respect  the  will  of  her  people  takes  effect  in  legis- 
lation more  directly  and  eflfectively  than  does  that  of  the  peo- 
ple of  the  United  States.  The  British  North  America  Act 
was  passed  after  our  Civil  War.  Its  authors  conceived  that 
they  had  so  thoroughly  studied  our  system  as  to  be  able  to 
avoid  its  defects.  The  theory  of  the  Constitution  of  Canada, 
if  that  term  may  properly  be  applied  to  an  act  of  legislation 
which  may  be  at  any  time  revoked  or  altered  at  the  jjleasure 
of  the  Legislature  which  enacted  it,  is  that  the  power  of  the 
Queen  and  Parliament  of  Great  Britain  over  Canada  is  sov- 


ereign  and  unlimited.  The  people  of  the  United  States,  or 
of  the  colonies  which  now  form  part  of  the  United  States, 
never  recognized  such  authority  in  Great  Britain,  and  do 
not  admit  the  existence  of  unlimited  powers  of  government 
over  them  to  be  vested  anywhere.  The  British  North 
America  Act  of  1867  is  not  strictly  a  constitution  amenda- 
ble only  by  the  people,  or  even  a  charter,  operating  as  a 
grant  of  political  power  which  can  only  be  forfeited  by  judi- 
cial decision,  or  surrendered  by  the  people  whom  it  affects. 
It  has  no  higher  authority  than  any  other  act  of  ordinary 
legislation.  It  is  probable  that  the  desire  of  Great  Britain 
to  retain  the  allegiance  of  her  dependencies,  and  the  lesson 
that  power  has  learnt  from  her  conflict  with  the  people  of 
the  territories  now  composing  a  large  part  of  the  United 
States,  render  the  liberty  of  Canada  practically  secure 
against  any  domination  of  Parliamentary  authority  or  im- 
perial encroachment  of  any  kind.  But,  legally  and  theoreti- 
cally, Canada,  in  respect  of  her  liberties,  is  but  a  tenant  at 
the  will  of  Great  Britain.  In  the  United  States,  all  powers 
not  granted  to  Congress  are  reserved  to  the  States  or  the 
people.  In  Canada,  al!  powers  granted  to  the  Provinces 
are  subject  to  the  Dominion  or  to  Great  Britain.  She  has, 
moreover,  no  Bill  of  Rights.  The  doctrine  which  lies  at 
the  foundation  of  every  American  system  of  government, 
state  or  national,  that  there  are  domains  upon  which  nc 
human  authority  can  be  permitted  to  enter,  and  acts  which 
no  human  power  shall  be  permitted  to  do,  is  unknown  to  her. 
In  her  foreign  relations,  Canada  is  wholly  under  British 
control.  She  has  no  voice  in  the  treaty-making  power,  or 
in  making  war  or  peace.  Any  wise  administration  in  Great 
Britain  would  doubtless  consult  Canadian  statesmen  in  mak- 
ing a  treaty,  and  would  give  her,  when  convenient,  a  repre- 
sentation in  the  negotiation,  where  Canadian  interests  were 
specially  affected.  In  several  very  important  cases  recently 
she  has  been  so  consulted.  But  the  final  authority  is  that  of 
Great  Britain.     She  may  plunge  Canada  in  war  against  her 


8 

interest,  her  wishes,  even  her  honor ;  or  may  seriously 
injure  her  by  treaties  with  other  nations  in  peace.  Great 
Britain  has  just  rejocicd  an  arrangement  which  Newfound- 
land desired  with  the  United  States  in  consequence  of  the 
remonstrance  of  the  Dominion. 

The  veto  power,  if  kept  in  force  in  practice  according  to 
the  letter  of  the  provisions  of  the  British  North  America 
Act,  not  only  leaves  little  of  the  local  self-government  to 
the  Provinces,  but  is  a  most  serious  restraint  upon  the  pop- 
ular will  in  federal  or  general  legislation.  This  power 
whenever  exerted  is  absolute.  No  legislative  body,  how- 
ever large  the  majority  or  entire  the  unanimity,  can  pass  a 
bill  over  the  veto.  The  pardoning  power  for  the  Provinces, 
as  well  as  for  the  Dominion,  is  vested  in  the  Governcw- 
General. 

In  each  Province  the  chief  executive  power  is  vested  in  a 
Lieutenant-Governor,  who  is  appointed  by  the  Governor- 
General  in  Council,  and  whose  salary  is  fixed  and  provided 
by  the  Parliament  of  Canada.  Every  bill  passed  by  the 
legislature  of  a  Province  must  be  presented  to  the  Lieuten- 
ant-Governor, who  may  either  assent  to  it,  withhold  assent 
to  it,  or  reserve  it  for  the  consideration  of  the  Governor- 
General.  If  he  withhold  assent,  the  ))ill  fails  to  become  a 
law.  If  he  assent,  it  may  be  disallowed  by  the  Governor- 
General  at  any  time  within  one  year.  If  he  reserve  it,  it 
does  not  become  a  law  unless  the  Governor-General  assent 
within  one  year. 

In  the  same  way  all  acts  passed  by  the  Parliament  of  the 
Dominion  may  be  assented  to  by  the  Governor-General  in 
the  Queen's  name,  may  be  reserved  for  the  royal  pleasure, 
or  the  Governor-General  may  declare  that  he  withholds  the 
royal  assent.  In  the  first  case  the  act  becomes  law.  In  the 
second,  it  fails  to  become  law,  unless  assented  to  by  the 
(^ueen  within  one  year.     In  the  last  case,  it  is  defeated. 

Further,  bills  for  appropriating  any  part  of  the  public 
revenue,  or  for  imposing  any  tax  or  impost,  must,  if  in  the 


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Dominion  Parliament,  originate  in  the  House  of  Commons, 
and  if  in  the  legislature  of  a  Province,  in  the  popular 
branch.  No  such  measure  can  be  adopted  or  passed  in 
cither,  unless  it  has  first  been  recommended  by  the  Gov- 
ernor-General or  Lieutenant-Governor  in  the  session  at 
which  it  has  passed. 

The  Senate  of  the  Dominion  Parliament  is  composed  of 
Senators,  originally  not  exceeding  seventy-eight  in  number, 
now  limited  to  eighty-two,  who  are  required  to  have  a 
property  qualification,  and  who  are  appointed  by  the  Gov- 
ernor-General for  life.  The  Speaker  of  the  Senate  is  ap- 
l)ointed  by  the  Govei'nor-General,  jmd  is  removable  by  him. 
The  Constitution  of  the  legislative  bodies  of  the  Provinces 
is  not  uniform.  In  Ontario,  the  L,egislature  consists  of  the 
Lieutenant-Governor  and  one  House.  In  Quebec,  there 
are  two  Houses.  The  Senate  is  composed  of  twenty-four 
I)ersons,  who  arc  appointed  by  the  Lieutenant-Governor  for 
life,  until  the  Legislature  shall  otherwise  provide.  In  Nova 
Scotia  and  New  Brunswick,  there  are  two  Houses,  the 
members  of  one  of  which  are  appointed  for  life  by  the  Lieu- 
tenant-Governor. In  Prince  Edward  Island,  there  are  two 
Houses,  both  elected.  In  Mauitcba  and  British  Columbia, 
there  is  but  one  House. 

The  judges  of  the  principal  courts  of  the  several  Piov- 
inces,  as  well  as  of  the  Dominicn,  are  appointed  l)y  the 
Governor-General.  Their  salaries:,  are  fixed  and  maintained 
by  the  Parliament  of  the  Dominion,  and  are  entirely  subject 
to  its  control. 

The  Queen  is  declared  to  be  a  part  of  the  Dominion 
Parliament. 

The  executive  power  of  the  E'ominion  is  vested  in  the 
(^ueen,  who  exercises  it  through  the  Governor-General, 
whom  she  appoints  and  removes  at  pleasure.  His  salary, 
now  fixed  at  £10,000,  cannot  be  reduced  without  his  con*- 
sent.  He  appoints  the  principal  executive  oflScers  for  the 
Dominion.  In  the  Provinces  these  oflacers  are  appointed 
by  the  Lieutenant-Governor. 


10 


It  will  be  seen  that,  according  to  the  scheme  of  the  Cana- 
dian Government,  the  authority  of  the  Dominion  controls 
and  restricts  that  of  the  Proyince  at  every  point.  The  au- 
thority of  the  Queen  controls  and  restricts  that  of  the  Domin- 
ion at  every  point.  No  law  involving  raising  or  expending 
money  can  be  introduced  except  on  the  recommendation  of 
the  Governor-General  appointed  by  the  Queen,  or  passed 
without  the  concurrence  of  the  Senate,  appointed  by  her 
representative,  or  go  into  eftect  until  approved  by  her  repre- 
sentative, or  by  herself  in  Council.  Canada  can  neither 
raise  a  penny  nor  spend  a  penny  unless  the  Government 
propose  the  tax  or  the  expenditure.  No  people  claiming  to 
be  self-governed  were  ever  placed  in  so  tight  a  constitu- 
tional straight-jacket  before.  But  in  practice  the  popular 
control  over  legislation  is  secured  in  another  way  resem- 
blinff  that  of  Great  Britain.  Canada  has  avoided  the  re- 
striints  which  exist  in  the  Constitution  of  the  United  States, 
which  tetter  the  initnediate  action  of  the  popular  will,  and 
make  a  change  of  legislative  policy  <..>  difficult  here.  In 
the  United  States  the  executive  power  can  change  but  once 
in  four  years.  The  veto  power  is  vested  in  the  President, 
which  can  be  overcome  only  by  a  two-thirds  vote  in  each 
legislative  chamber.  The  legislative  power  can  be  trans- 
ferrcid  from  one  party  to  another  only  when  the  majority  in 
each  House  has  been  changed.  It  frequently  happens,  us 
was  the  case  during  the  whole  period  from  1875  to  1889, 
that  the  United  States  is  without  the  possil)ility  of  national 
legislation,  except  in  the  case  where  the  two  political  parties 
'nto  which  the  nation  is  divided  are  agreed.  So  with  re- 
gard to  foreign  relations.  Treaties  can  be  made  only  with 
the  concurrence  of  two-thirds  of  the  Senate.  Ordinarily, 
therefore,  no  treaty  can  ever  be  made  without  the  concur- 
rence of  two  parties  into  v;hich  the  country  is  divided. 

On  the  dther  hand,  the  Government  of  Canada  is  carried 
on  by  a  Ministry,  api)ointed  indeed  by  the  Governor-(}en- 
eral,  but  responsible  to  the  House  of  Connnons,  and  chang- 


:hani!:es. 


In   this 


ing  when   the   majority  in  that  House 
respect  the  English  system  prevails   here. 

It  is  sometimes  claimed  that  the  veto  power  of  the  Queen 
over  the  Acts  of  the  Dominion  Parliament,  like  that  of  the 
Queen  in  Great  Britain,  which  has  been  ol)solete  since 
1704,  is  a  power  never  again  to  be  used.  Mr.  Bourinot 
expressed  this  view  in  his  paper  read  before  the  American 
Historical  Association.  But  it  is  difficult  to  believe  that 
Great  Britain  would  treat  a  great  constitutional  power  as 
obsolete,  which  was  expressly  reserved  in  a  echerae  of  gpv- 
ernment  enacted  in  1867,  and  which  has  been  exercised 
since  that  time. 

Both  parties  in  Canada  have  laid  it  down  in  their  plat- 
forms that  the  veto  power  should  not  be  exercised  l)y  the 
Dominion  authority  over  Provincial  legislation  "  in  case  of 
acts  clearly  and  unequivocally  within  the  legal  and  consti- 
tutional powers  of  the  Province."  Mr.  Bourinot  admits 
that  there  is  a  latent  peril  in  this  power,  even  so  restrained, 
in  times  of  excitement,  and  that  it  would  have  been  letter 
to  leave  it,  as  we  do,  to  the  Courts 

We  suppose  the  veto  power  reserved  to  the  Queen  in 
Council  would  be  exercised  only  where  such  veto  seemed 
to  her  advisei'S  in  England  necessary  for  the  preservation  of 
the  royal  authority,  or  the  existing  constitutional  relation 
of  Canada  to  the  Empire.  The  veto  power  reserved  to  the 
Governor-General  or  to  the  Lieutenant-Governors  in  the 
Provinces,  is,  we  suppose,  a  living  and  real  power.  There 
were  forty-five  cases  of  disallowances  of  Provincial  acts  be- 
tween 1867  and  1887.  The  {)ower  seems  so  far  to  have 
been  exercised  with  great  caution  and  discretion. 

Another  practice,  also,  has  grown  up  under  which  Provin- 
cial acts  are  commented  on,  that  is,  the  Minister  of  Justice, 
acting  for  the  Governor-in-Council,  has  pointed  out  to  the 
Provincial  Government  the  particulars  wherein  certain 
measures  are  objectionable.  In  such  eases,  they  have  been 
amended  or  abandoned. 


m 


wmM 


' 


12 

Provincial  Acts  are  disallowed  on  three  grounds,  viz. : — 

As  not  within  the  power  of  the  Provincial  legislatures ; 

As  in  conflict  with  Federal  legislation ; 

As  prejudicial  to  the  advantage  of  the  Dominion  as  a 
whole. 

«   The  latter  ground  would  include  the  objection  that  the 
act  was  in  violation  of  common  right. 

As  the  Governor-General  in  exercising  this  power  is  gov- 
erned by  the  advice  of  the  Ministry,  who  are  the  jmlitical 
leaders  of  the  majority  in  the  Dominion  House  of  Com- 
mons, these  vetoes  are  likely,  in  many  cases,  to  be  regarded 
by  the  opposition  as  political,  especially  if  the  vetoed  meas- 
ure were  introduced  by  the  governing  party  in  the  Province, 
being  opposed  to  that  of  the  Dominion. 

The  power  vested  in  the  Governor-General  to  reserve 
acts  of  the  Dominion  Parliament  has  been  exercised  in  a 
few  instances.  An  example  is  the  Copyright  Act  of  1872, 
where  the  Royal  assent  was  refused. 

The  Governor-General  is  instructed  so  to  reserve  meas- 
ures which  in  his  judgment  are  inconsistent  with  (ircit 
Britain's  treaty  obligations,  which  prejudice  the  rights  of 
British  subjects  outside  Canada,  or  which  strike  at  the 
(Queen's  supremacy,  and,  perhaps,  others  where  like  objec- 
tions exist. 

The  preamble  to  the  British  North  America  Act  recites 
that  "the  Provinces  of  Canada,  Nova  Scotia,  and  New 
lirunswick  have  expressed  their  desire  to  l»e  federally  united 
wit  h  the  Dominion  under  the  crown  of  the  United  Kingdoni 
of  Great  Britain  and  Ireland,  with  a  constitution  similar  in 
principle  to  that  of  the  United  Kingdom."  The  essential 
resemblance  of  the  Canadian  constitution  to  that  of  (freat 
Britain,  and  its  essential  difference  from  that  of  the  United 
States,  is  shown  by  the  fact  that  the  administration  is  re- 
sponsible to  the  House  of  Commons,  and  the  Ministry  must 
resign  if  they  cease  to  be  in  accord  witli  that  uuijority. 
The  appointment  of  all  judges  and   senators,  and   of  the 


' 


18 

Speaker  of  the  Senate  and  all  executive  officers,  the  allow- 
ance or  disallowance  of  the  acts  of  Provincial  legislature  s 
the  introduction  of  bills  for  raising  and  expending  money, 
in  <'cneral  all  executive  administration  and  the  institution 
and  conduct  of  all  important  legislation,  depends  upon  the 
will  <;f  a  majority  of  the  House  of  Commons.  The  num- 
ber of  Senators  is  limited.  So  that  the  resistance  of  the 
Senate  to  the  desire  of  the  House  of  Commons,  cannot  be 
overcome  by  the  appointment  of  new  Senators,  as  that  of 
the  House  of  Lords  to  the  will  of  the  Commons  by  a  creation 
of  Peers. 

While,  therefore,  changes  in  the  executive  government 
and  in  the  administration  of  that  government  respond  to  the 
popular  will  as  represented  by  a  majority  of  the  House  of 
Commons,  in  a  manner  unknown  to  the  United  States  or  to 
any  of  our  Stales,  if  it  were  desired  to  declare  the  inde- 
pendence of  Canada  or  to  unite  her  to  any  other  country, 
or  to  make  for  her  a  commercial  union  with  any  other  coun- 
try, which  should  give  that  country  large  advantages  which 
were  denied  to  Great  Britain,  the  promoters  of  the  plan 
must  not  only  be  able  to  overcome  all  the  influences  of 
■pah-onage,  of  attachment  to  England,  of  jealousy  of  other 
countries,  of  conservatism,  of  the  interests  which  bind  in- 
fluential men  and  strong  parties  to  existing  conditions,  but 
they  must  encounter  the  legislative  power  of  a  Senate 
whose  members  are  appointed  by  the  crown  and  hold  office 
for  life,  and  the  veto  powers  expressly  reserved  by  the  Act 
of  18(i7  to  the  royal  Governor-General  and  to  the  Queen  in 
Council.  It  may  bo  that  some  method  may  be  devised  of 
forming  such  political  or  commercial  union  other  than  an 
act  of  the  British  Parliament  or  a  revolution.     But  it  is  not 

yet  apparent. 

The  Queen  is  commander-in-chief  of  all  the  forces,  and 
has  the  riffht  to  determine  the  seat  of  government  for  the 
Dominion. 


The  seats  of  the  several  Provincial  governments  are  de- 
termined by  the  exec  .tive  authority  of  each. 

The  Dominion  Parliament  has  also  unrestricted  authority 
to  make  provision  for  the  uniformity  of  all  or  any  laws 
relative  to  civil  rights  and  property,  and  the  procedure  in 
the  courts  of  the  various  Provinces.  But  these  laws  do  not 
go  into  effect  in  any  Province  until  adopted  by  the  Legisla- 
ture thereof. 

As  originally  established  in  1867,  Canada  consisted  of 
Ontario,  Quebec,  Nova  Scotia,  and  New  Brunswici<,  who 
were  to  elect  a  House  of  Commons,  consisting  originally  of 
181  members,  82  for  Ontario,  65  for  Quebec,  19  for  Nova 
Scotia,  and  15  for  New  Brunswick,  to  be  enlarged  there- 
after at  the  will  of  the  Parliament  of  Canada,  preserving, 
however,  the  proportion  among  those  colonies  according  to 
population.  The  members  of  the  House  of  Commons  must 
possess  the  same  qualifications  as  would  entitle  them  to  sit 
and  vote  in  a  Provincial  assembly.  The  qualifications  of 
voters  may  be  prescribed  from  tifne  to  time  by  Parliament. 
The  other  House  of  Parliament  of  Canada  consists  of 
a  Senate,  originally  of  72  members,  each  of  whom  must 
dwell  in  the  Province  from  which  he  is  appointed,  must  bo 
a  natural  born  subject  of  the  Queen  of  Great  Britain,  or 
naturalized  by  either  of  the  Provinces  of  the  Union,  or  by 
the  Parliament  after  the  Union,  and  must  be  seized  of  a 
freehold  worth  four  thousand  dollars  over  all  incumbrances, 
and  must  also  be  worth  four  thousand  dollars  above  all  debt. 
The  person  ceasing  to  have  either  of  these  qualifications 
ceases  to  be  a  Senator.  The  Senate  originally  consistcil  of 
72  members,  24  each  for  Ontario  and  Quebec,  and  24  for 
the  maritime  Provinces.  The  Queen  may  on  recommenda- 
tion of  the  Governor-General  increase  the  number  of  Sena- 
tors, three  at  a  time,  the  total  number  not  to  exceed  78. 
Since  the  admission  of  the  new  Provinces  the  number  of 
Senators  has  been  increased  to  80. 

Sections  91,  92,  and  93  of  the  British  North  America  Act 


I 


15 


are  inserted  here.  They  provide  generally  for  the  distri- 
bution of  legislative  power  between  the  Dominion  and  the 
Provinces,  and  with  what  has  already  been  said  exhibit  the 
general  character  of  the  Constitution  of  Canada :  — 

91.  It  shall  be  lawful  for  the  Queen,  by  and  with  the 
Advice  and  Consent  of  the  Senate  and  House  of  Commons, 
to  make  Laws  for  the  Peace,  Order  and  Good  Government 
of  Canada  in  relation  to  all  Matters  not  coming  within  the 
Classes  of  Subjects  by  this  Act  assigned  exclusively  to  the 
Legislatures  of  the  Provinces;  and  for  gieater  certainty, 
but  not  so  as  to  restrict  the  "Generality  of  the  foregoing 
Terms  of  this  Section,  it  is  hereby  declared  that  (notwith- 
standing anything  in  this  Act)  the  exclusive  Legislative 
Authority  of  the  Parliament  of  Canada  extends  to  all  Mat- 
ters coming  within  the  Classes  of  Subjects  next  hereinafter 
enumerated,  that  is  to  say 


1. 
2. 
3. 

4. 
5, 
6. 

7. 
8. 


9. 
10. 
11. 

12. 

13. 

14. 
15. 

16. 
17. 
18. 
19. 
20. 


The  Public  Debt  and  Property. 

The  Regulation  of  Trade  and  Commerce. 

The  Raising  of  Money  by  any  Mode  or  System  of 
Taxation. 

The  borrowing  of  Money  on  the  Public  Credit. 

Postal  Service. 

The  Census  and  Statistics. 

Militia,  Military  and  Naval  Service  and  Defence. 

The  fixing  of  and  providing  for  the  Salaries  and  Allow- 
ances of  Civil  and  other  Officers  of  the  Govern- 
ment of  Canada. 

Beacons,  Buoys,  Lighthouses  and  Sable  Island. 

Navigation  and  Shipping. 

Quarantine  and  the  Establishment  and  Maintenance  of 
Marine  Hospitals. 

Sea  Coast  and  Inland  Fisheries. 

Ferries  between  a  Province  and  any  British  or  For- 
eign Country,  or  between  Two  Provinces. 

Currency  and  Coinage. 

Banking,  Incorporation  of  Banks  and  the  Issue  of 
Paper  Money. 

Savings  Banks. 

Weights  and  Measures. 

Bills  of  Exchange  and  Promissory  Notes. 

Interest. 

Legal  Tender. 


i  ! 


16 


21. 
22. 
23. 
24. 
25. 
26. 
27. 


28. 


29. 


Bankruptcy  and  Insolvency. 
Patents  of  Invention  and  Discovery. 
Copyrights. 

Indians  and  Lands  reserved  for  the  Indians. 
Naturalization  and  Aliens. 
Marriage  and  Divorce. 

The    Criminal    Law,  except   the  Constitution  of  the 
Courts  of  Criminal  Jurisdiction,  hut  including  the 
Procedure  in  Criminal  Matters. 
The  Establishment,  Maintenance  and  Management  of 

Penitentiaries. 
Such  Classes  of  Subjects  as  are  expressly  excepted  in 
the  Enumeration  of  the  Classes  of  Subjects  by  this 
Act   assigned   exclusively   to   the   Legislatures  of 
the  Provinces. 
And   any  Matter   coming  within  any  of  the  Classes  of 
Subjects  enumerated  in  this  Section  shall  not  be  deemed  to 
come  within  the  Class  of  Matters  of  a  local  or  private  Na- 
ture comprised  in  the  Enumeration  of  the  Classes  of  Sub- 
jects by  this  Act  assigned  exclusively  to  the  Legislatures  of 
the  Provinces, 

92.  In  each  Province  the  Legislature  may  exclusively 
make  Laws  in  relation  to  Matters  coming  within  the  Classes 
of  Subjects  next  hereinafter  enumerated  ;  that  is  to  say  : 

1.  The  Amendment  from  Time  to  Time,  notwithstanding 

anything  in  this  Act,  of  the  Const  iilion  of  the 
Province,  except  as  regards  the  Office  of  Lieutenant- 
Governor. 

2.  Direct   Taxation  within  the  Province  in  order  to  the 

raising  of  a  Revenue  for  Provincial  Purposes. 

3.  The  borrowing  of  Money  on  the  sole  Credit  of  the 

Province. 

4.  The  Establishment  and  Tenure  of  Provincial  Offices, 

and  the  Appointment  and  Payment  of  vProvincial 
Officers. 

5.  The  Management  and  Sale  of  the  Public  Lands  belong- 

ing to  the  Province,  and  of  the  Timber  and  Wood 
thereon. 
^Tho  Establishment,  Maintenance,  and  Management  of 
Public  and  Reformatory  Prisons  in  and  for  the 
Province. 
7.  The 'Establishment,  Maintenance,  and  Mnnngement  of 
Hospitals,    Asylums,   Charities   and    Eleemosynary 


17 


10 


a 


Institutions  in  and  for  the  Province,  other  than  Ma- 
rine Hospitals. 

8.  Municipal  Institutions  in  the  Province. 

9.  Shop,  Saloon,  Tavern,  A  actioneer,  and  other  Licenses, 
in  order  to  the  raising  of  a  Revenue  for  Provincial, 
Local  or  Municipal  Purposes. 

Local  Works  and  Undertakings,  other  than  such  as  are 
of  the  following  Classes, — 

Lines  of  Steam  or  other  Ships,  Railways,  Canals, 
Telegraphs,  and  other  Works  and  Undertakings,  con- 
necting the  Province,  with  any  other  or  others  of  the 
Provinces,  or  extending  beyond  the  Limits  of  the 
Province  : 

Lines  of  Steamships  between  the  Province  and  any 
British  or  Foreign  Country  : 

Such  Works  as,  although  wholly  situate-  within  the 
Province,  are  before  or  after  their  Execution  de- 
clared by  the  Parliament  of  Canada  to  be  for  the 


c. 


general  Advantage  of  Canada  or  for  the  Advantage 
of  two  or  more  of  the  Provinces. 


11 


The  Incorporation  of  Companies  with  Provincial  Ob- 
jects. 

12.  Solenmizaticm  of  Marriage  in  the  Province. 

13.  Property  and  Civil  Rights  in  the  Province. 

14.  The  Admi"^stration  of  Justice  in  the  Province,  includ- 

ing the  Constitution,  Maintenance,  and  Organization 
of  Provincial  Courts,  both  of  Civil  and  of  Crimi- 
nal Jurisdiction,  and  including  Procedure  in  Civil 
Matters  in  those  Courts. 

The  Imposition  of  Punishment  by  Fine,  Penalty,  or 
Imprisonment  for  enforcing  any  law  of  the  Province 
made  in  relation  to  any  Matter  coming  within  any  of 
the  Classes  of  subjects  enumerated  in  this  Section. 

Generally  all  matters  of  a  merely  local  or  private  na- 
ture in  the  Province. 

93.     In  and  for  each  Province  the  Legislature  may  ex- 
clusively make  Laws  in  relation  to  Education,  subject  and 
according  to  the  following  Provisions  : — 
(I.)   Nothing   in    any    such    Law    shall    prejudicially   af- 
fect any  Right  or  Privilege  with  respect  to  Denom- 
inational Schools  which  any  Class  (if  Persona  have 
by  Law  in  the  Province  at  the  Union ; 


15 


16 


T-rr 


18 


i\ 


(2.)  All  the  Powers,  Privileges,  and  Duties  at  the  Union 
by  Law  conferred  and  imposed  in  Upper  Canada  on 
the  Separate  Schools  and  School  Trustees  of  the 
Queen's  Roman  Catholic  Subjects,  shall  be  and  the 
same  arc  hereby  extended  to  the  Dissentient  Schools 
of  the  Queen's  Protestant  and  Roman  Catholic  Sub- 
jects in  Quebec ; 

(3.)  Where  in  anj'^  Province  a  System  of  Separate  or  Dis- 
sentient Schools  exists  by  Law  at  the  Union  or  is 
thereafter  established  by  the  Legislature  of  the 
Province,  an  Appeal  shall  lie  to  the  Governor-Gen- 
eral in  Council  from  any  Act  or  decision  of  any  Pro- 
vincial Authority  affecting  any  Right  or  Privilege  of 
the  Protestant  or  Roman  Catholic  Minority  of  the 
Queen's  Subjects  in  relation  to  Education  ; 

(4.)  In  case  any  such  Provincial  Law  as  from  Time  to  Time 
seems  to  the  Governor-Genera!  in  Council  requisite 
for  the  due  Execution  of  the  Provisions  of  this  Sec- 
tion is  not  made,  or  in  case  any  Decision  of  the  Gov- 
ernor-General in  Council  on  any  Appeal  under  this 
Section  is  not  duly  executed  by  the  proper  Provin- 
cial Authority  in  that  behalf,  then  and  in  every  such 
case,  and  as  far  only  as  the  circumstances  of  each 
case  recjuire,  the  Parliament  of  Canada  may  make 
I'emedial  Laws  for  the  due  Execution  of  the  Pro- 
visions of  this  Section,  and  of  any  Decision  of  the 
Governor-General  in  Council  under  this  Section. 

The  important  particulars,  then,  in  which  the  institutions 
of  Canada  differ  from  our  own — and  they  are  important  as 
showinjij  what  things  in  a  constitution  established  in  1787 
have  seemed  wise  to  the  statesmen  of  1867 — are  these : — 

Their  system  of  changing  the  executive  with  the  changing 
majority  of  the  House  of  Commons.  Of  this  a  few  words 
will  be  said  presently. 

The  presence  of  their  Executive  in  Parliament. 

The  Government's  initiation  and  control  of  legislation. 

The  permanent  tenure  of  their  civil  service,  which  does 
not  change  with  the  changes  of  political  power. 

The  reservation  of  the  power  over  divorce  to  the  central 
government.     The  Senate  of  the  Donainion  is  the  tribunal 


19 


of  such  trials,  except  in  the  inaritiine  provinces.  In  Que- 
bec divorce  is  not  allowed  l)y  the  Church  to  Catholics.  So 
from  1869  to  1886  there  were  but  116  divorces  sn  Canada, 
to  328,613  in  the  United  States. 

The  life  tenure  of  the  Senate. 

The  appointment  of  its  members  by  the  Government. 

Their  property  qualification. 

The  real  absence  of  any  considerable  weight  in  lowisla- 
tion  from  the  upper  house.  This  house  is  always  reluctant 
to  make  any  substantial  modification  in  Govei'nment  meas- 
ures. 

The  general  prevalence  of  the  Australian  ballot  system. 

The  property  qualification  for  voting  and  for  seats  in  Par- 
liament. 

A  Judiciary  appointed  by  the  Crown  and  holding  oflSce 
during  good  behavior,  Ijut  dependent  upon  the  Legislature 
for  their  salaries. 

The  jurisdiction  in  the  courts  of  all  cases  of  contested 
elections. 

The  right  of  impeachment  and  of  trial  by  the  legislature, 
which  .Tames  Monroe  said  is  the  mainspring  of  the  great 
machine  of  government,  is   inknown  to  Canada. 

Canada  has  no  bill  of  ri"iits. 

No  constitution  was  ever  submitted  to  the  people  there, 
except  in  a  single  instance  in  New  Brunswick. 

Her  whole  polity  is  controlled  by  the  one  pervading  fact 
that  in  the  last  resort  the  power  which  governs  her  is  from 
above  and  from  without,  and  not  from  below  and  from 
within.  The  Queen  apj)oint8  her  Governor-General,  the 
Governor-General  appoints  the  Ministry  and  the  Senate. 
The  Ministry  initiatesall  legislation.  An  appeal  lies  from 
her  highest  court  to  the  Privy  Council  in  England.  The 
British  Parliament  can  at  any  time  overthrow  her  Constitu- 
tion at  a  stroke.  All  her  treaties  are  made  by  a  power 
foreign  to  her.  All' her  legislation  is  subject  to  the  triple 
veto  power  of  her  Majesty. 


20 


It  18  doubtful,  jilso,  whether,  under  the  great  control 
exercised  by  the  central  power  over  the  Province,  State 
affection,  State  pride.  State  sovereignty,  local  public  spirit, 
which  have  had  so  strong  an  influence  upon  us,  and  to 
which  we  owe  what  is  greatest  in  our  history,  can  ever  be 
engendered  there.  The  executive  head  of  the  Province  is 
appointed  by  the  executive  of  the  Dominion.  His  salary  is 
fixed  and  provided  by  the  Dominion  Parliament.  In  those 
Provinces  where  there  arc  two  legislative  houses,  the  mem- 
bers of  the  upper  branch  are  appointed  by  the  Lieutenant- 
Governor  for  life.  The  Governor-General  has  an  absolute 
veto  over  all  Provincial  legislation.  The  pardoning  power 
for  the  Provinces  is  vested  in  the  Governor-General.  It 
will  be  seen  by  the  sections  of  the  Act  of  18<)7  which  we 
have  cited,  how  large  a  share  of  the  legislative  power  which 
we  leave  to  the  States,  especially  in  the  matter  of  crimes, 
is  exercised  in  Canada  by  the  Dominion. 

But  the  distinction  which  Canadian  students  like  specially 
to  insist  on  between  their  parliament  and  ours  is  that  which 
wo  have  already  briefly  spoken  of — the  change  in  the  exec- 
utive with  the  changing  majority  in  the  House  of  Commons. 
Canada  has  adopted  the  modern  English  system,  which  never 
has  obtained  here  in  the  national  government  or  in  any  State. 
Indeed,  it  was  not  fairly  established  in  England  very  long 
before  our  Constitution  was  framed.  To  establish  it  here 
would  require  the  complete  abrogation  of  the  authority  of 
the  President,  except  so  far  as  he  should  determine  what 
members  of  the  popular  legislative  branch  were  the  persons 
who  were  entitled  to  be  itrusted  with  power  as  best  repre- 
senting its  will.  It  would  require,  also,  the  abolition  of  the 
legislative  function  of  the  President.  It  would  require  that 
the  authority  of  the  Senate,  both  in  ordinary  legislation  and 
in  the  treaty-making  power  (which  is  but  another  form  of 
legislation),  should  l)e  nominal  only,  or  at  most  should  be 
only  sutficicnt  for  unimportant  amendments  to  measures 
prpposed  by  the  other  House,  or  to  require  the  other  House 


81 


occasionally  to  reconsider  its  purposes.  It  would  also  re- 
(|uirc  elections  of  members  of  the  House  for  a  long  term, 
and  the  vesting  in  the  governnnent  the  power  of  dissolution 
and  appeal  to  the  people. 

A  discussion  of  the  comparative  advantages  of  this  system 
and  our  own  is  a  tempting  subject,  to  which  a  larger  space 
than  can  be  given  to  this  Report  might  profitably  be  de- 
voted. We  do  not  believe  that  such  a  form  of  government 
would  have  been  practicable  during  the  early  period  of  our 
history.  Nor  do  we  believe  that  it  would  be  practicable 
now.  It  would  certainly  be  rendered  very  difficult  by  the 
great  number  of  important  questions  which  present  them- 
selves for  solution  almost  at  the  same  time  in  the  United 
States,  and  which  will  increase  with  us  with  the  increase  of 
our  population  and  wealth  and  the  variety  of  our  interests. 
Suppose  one  party  to-day  could  carry  a  majority  of  the 
House  of  Representatives  on  the  question  of  control  of 
national  elections,  or  on  the  tariff,  or  the  national  banking 
system,  or  subsidies  for  foreign  commerce,  or  the  question 
of  silver  coinage,  or  the  exi)enditures  for  rivers  and  har- 
bors, or  reciprocity  with  Canada,  or  with  South  America, 
and  the  other  party  could  carry  a  majority  on  the  rest  of 
these  questions  or  some  of  them.  The  Congress  which  has 
just  adjourned  was  the  first  for  sixteen  years  where  the  Exec- 
utive and  both  Houses  of  Congress  were  in  the  power  of  the 
same  party.  It  dealt  with  more  than  twent}'^  great  subjects, 
the  fate  of  any  one  of  which  would  have  overthrown  or  es- 
tablished an  administration  in  England.  Must  we  have  a  new 
national  election  every  three  weeks,  whenever  one  or  the 
other  of  them  had  l)een  brought  to  a  vote  ?  We  should 
have,  also,  if  this  were  attempted,  to  change  the  constitu- 
tional term  of  office  of  the  Representative.  With  all  the 
power  and  greatness  of  England,  she  has  as  compact  a  pop- 
ulation as  one  of  our  great  States.  Canada  has  but  five 
millions  of  inhabitants.  Although  her  territory  is  nearly  as 
large  as  ours,  her  population  is  much  less  widely  scattered. 


22 


Her  present  system  will,  it  is  believed,  be  found  impracti- 
cable long  before  her  population  equals  that  of  the  United 
States. 

Her  present  system  of  government  has  not  so  far  been 
found  wholly  satisfactory  in  its  operation.  Within  twenty 
years,  in  spite  of  the  vast  aids  she  has  received  from 
England,  she  has  contracted  a  debt  of  more  than  six  hun- 
dred million  dollars.  Meantime  our  mighty  magnet  has 
attracted  the  best  of  her  population  to  us.  Halifax,  Quebec 
and  Montreal  are  but  ports  of  entry  for  an  immigration  to 
the  United  States.  There  are  probably  1,250,000  Cana- 
dians now  dwelling  in  this  country. 

But  we  shall  have  dealt  with  but  half  this  subject,  until 
the  very  peculiar  relation  to  Canada  of  the  Province  of 
Quebec,  and  of  the  French  Catholic  population  who  con- 
trol that  Province,  and  are  spreading  into  some  districts  of 
Ontario  and  into  Northwest  Canada,  is  fully  understood. 
The  space  in  the  Proceedings  of  the  Society  which  may 
fairly  be  allotted  to  this  Report  forbids  us  from  even  enter- 
ing upon  this  most  attractive  topic.  Quebec  has  an  area 
of  258,634  square  miles.  Deducting  69,946  covered  by 
the  inland  waters  and  the  Gulf  of  St.  Lawrence,  there  are 
still  left  188,688  square  miles  —  a  territory  exceeding  that 
of  France  by  54,000  square  miles  —  with  a  population  of 
about  1,500,000,  of  whom  88  per  cent,  are  Catholics. 
This  population  makes  up  30  per  cent,  of  all  Canada,  and 
sends  seventy  French  members  to  the  Dominion  House  of 
Commons.  The  political  control  of  this  body  of  men  is 
ecclesiastical  to'an  extent  far  greater  than  that  exercised  i)y 
the  Catholic  Church  or  any  other  in  any  country  of  Europe. 
What  is  the  aspiration  of  the  churchmen  who  control 
Quebec  as  to  its  ultimate  destiny,  it  is  impossible  to  say. 
La  V^riUf  an  influential  paper  in  the  Province  of  Quebec, 
declares  that  it  is  the  aspiration  of  the  French  Canadian  peo- 
ple to  establish  a  nation  which  shall  perform  on  this  conti- 
nent the  part   France  has  played  so  long  in  Europe,  and 


28 


shall  profess  the  Cutholic  faith  and  spoak  the  French  lan- 
guage, and  that  they  never  will  lose  si^ht  of  thic  national 
destiny.  M.  Mercier,  the  premier  of  (^'uebec,  and  in  every 
way  the  foremost  of  her  public  men,  is  understood  to  favor 
annexation  to  the  United  States.  Meantime  the  Church 
keeps  her  own  counsel  and  maintains  uiimpaired!  the  influ- 
ence which  she  has  exerted  under  all  forms  of  government 
since  the  days  when  Cotton  Mather  said,  "Sir  William 
Phipps  had  Canada  as  much  written  upon  his  heart  as 
Calais  was  upon  Queen  Mary's.  He  needed  not  one,"  con- 
tinues Mather,  "to  have  been  his  duly  monitor  about 
Canada :  it  lay  down  with  him,  it  rose  up  with  him,  it  en- 
grossed almost  all  his  thoughts." 

We  must  leave  a  sketch  of  what  may  be  called  the  con- 
stitutional history  of  Quebec  and  a  consideration  of  its 
relation  to  the  rest  of  Canada  to  another  paper,  if  we  are  to 
discuss  the  subject  at  all. 

By  the  terms  of  capitulation,  signed  September  8,  1760, 
by  which  Canada  passed  under  British  control,  Great  Brit- 
ain bound  herself  to  allow  the  French  Canadians  the  free 
exercise  of  their  religion.  Certain  relii^ous  fraternities  and 
all  communities  of  religieux  were  guara  nteed  the  possession 
of  their  goods,  constitutions,  and  privileges.  A  similar 
favbv,  however,  was  denied  to  the  Jesuits,  until  the  King 
should  be  consulted.  A  like  reservation  was  made  with  re- 
spect to  the  tithes  of  the  parochial  clergy.  By  the  Treiity 
of  Paris,  September  10,  1763,  (Ireat  Britain  bound  herself 
to  allow  the  Canadians  the  free  exercise  of  their  religion. 
In  1774  the  Quebec  Act  was  passed. 

This  statute  is  to  the  French  Canadian  of  Quebec  what 
Magna  Charta  is  to  England — a  sacred  and  irrepealable 
bill  of  rights.  There  was  bitter  hostility  to  it  in  Great 
Britain  on  the  part  of  the  Opposition.  It  was  earnestly 
denounced  as  the  surrender  of  the  rights  of  Protestants. 
With  this  hostility  our  ancestors  in  America  deeply  sympa- 
thized.    Undoubtedly  the  knowledge  of  this  sympathy  had 


24 


much  to  do  with  inducing  the  Church  to  give  its  great  influ- 
ence toward  preserving  the  loyalty  of  Ct^nada  and  in  de- 
feating the  alliance  which  the  insurgent  colonies  so  eagerly 
desired.  Under  the  Quebec  Act  the  choice  of  bishops  has 
been  left  to  t>e  Church  without  interference  by  the  secular 
power — a  lil)erty  which  it  has  never  enjoyed  in  France  or  in 
England.  The  clergy  have  maintained  with  great  skill 
their  power  over  Quebec  from  that  day  to  this.  The  influ- 
ence of  the  parish  system  of  Quebec,  its  extension  into  the 
other  provinces  of  Canada  which  lie  to  the  westward,  its 
control  over  the  legislation  of  the  Dominion,  the  ettect  of 
its  claim  for  tithes,  which  constitute  the  first  lien  on  all  the 
real  estate  owned  by  Catholics,  the  discontent  with  the  rule 
of  the  Churcu  introduced  by  the  French  Canadians  who 
settle  in  the  United  States  or  go  back  after  a  brief  sojourn 
here,  the  rapid  increase  of  the  race  under  the  encourage- 
ment given  by  the  Church  authorities  to  early  marriages 
and  great  families,  the  docile  and  thrifty  character  of  the 
habitant — aftbrd  a  most  interesting  and  profitable  field  of 
study,  which  we  cannot  enter  now. 

It  is  idle  to  speculate  as  to  the  destiny  of  Canada.  The 
writer  has  never  been  one  of  those  who  believe  that  material 
interest  will  in  the  near  future  bring  the  people  of  Canada 
into  a  political  union  with  the  United  States.  While  the 
strength  of  the  interests  which  so  incline  her  is  very  groat, 
yet  they  do  not  seem  to  be  greater  in  proportion  to  the 
resisting  power  than  they  have  been  always  in  the  past. 
Under  her  (Constitution,  as  has  already  been  shown,  annex- 
ation to  this  country  can  hardly  be  accomplished*  without 
the  consent  of  Great  Britain  or  without  a  violent  revolution. 
A  conquest  of  Canada  by  the  United  States  would  be  as 
repugnant  to  us  as  to  her.  She  already  feels  stirring  in  her 
veins  the  spirit  of  her  rising  nationality.  Her  people  are 
coming  to  feel  proud  of  the  extent  of  her  domain,  of  hor 
vast  material  resources.     They  are  forgetting  the  langmigo 


25 

of  the  province,  and  are  learning  to  speak  the  language  of 
the  empire.     She  already 

"Rises  like  tlie  issue  of  a  king; 
^    And  wears  upon  her  baby  brow  the  round 
And  top  of  sovereignty." 

We  will  not  undertake  to  foretell  whether  the  destiny  of 
Canada  is  to  remain,  as  now,  the  most  important  dependency 
of  the  British  Empire,  self-governing  in  everything  but 
name ;  or  whether  she  is  to  form  a  part  of  a  great  confeder- 
ation of  all  the  English-speaking  peoples  on  the  globe ;  or 
whether  she  is  to  declare  her  independence,  and  repeat, 
with  such  changes  as  experience  fihall  suggest  to  her,  our 
own  history  ;  or  whether  she  is  to  come  to  us,  and  share  tlie 
advantages  of  our  Constitution,  and  develop  the  resources 
of  the  North  American  continent  in  a  great  partnership  with 
us ;  or  whether,  after  some  fashion  that  the  imagination 
cannot  now  suggest,  there  are  to  rise  on  her  soil  in  the  future 

"  Phantoms  of  other  forms  of  rule, 
New  ni^esties  of  mighty  states." 

But  whatever  may  be  her  fate,  it  will  be  one  to  which  the 
people  of  the  United  States  cannot  be  Indifferent. 


